The Portland daily press., 1887-11-16

reciprocity treaty, will not be regarded as
within toe scope of this conference.
1t is well known, however, that the Cana
dans will endeavor to push the negotiations
into trade relations, as the whole controversy
has been stirred up by them in order to Sc
cure the free admission of Canadian fish
into American markets. Some Of the Cana
dian papers say that the British negotiat0rs
will refuse to settle fishery difficulties until
Canadian fish are put on the free list.
Sir Charles Upper and Hon. j. ). Th0mp-
son, Minister Of Justice, and staff, left
Ottawa today for New York, en- route to
Washington.
The Alaskan Controversy.
The controversy over the British sealers
seized by our government in Alaskan waters
Is more serious than has, perhaps, been an
ticipated. 1t appears from publication Of
the Canadian government, one or two copies
of which have been eonfdentially sent here,
that Great Britain made very emphatic de-
mand for the release of the sealers, and they
were released, and that the subjects of
Great Britain have put in bill Of damages
against the United States. the merits of
which are still in controversy between the
two governments. Whether or not the ques-
tion connected with the seizure of the seal
ers by our government will be brought up In
the fishery conference of Secretary Bayard,
which is soon to meet in Washington, it is
evident that the British authorities intend to
make the most of the Alaskan incident in
some way, and that specific case is to be
urged with great formality for damages,
which may assume as grave character as
the questions now pending relative to the
fisheries on the coast.
Our own State Department has furnished
no information on this subject. nor
on by Congress. But the British
government or Canadian government, as its
representative, has had printed at Ottawa,
under the royal arms, and with the imprint
OF the official printer, statement which
cannot fail to attract attention, both in this
country and England. The title page Of the
little pamphlet which is In the customary
blue paper, is as follows: Correspondence
relative toi the seizure of British American
vessels in Behring Sea by the United States
printed for the use of the Canadian Privy
Council, and it is undoubtedly to be used be-
fore the Fishery Commission here. 1t con-
tains history of the seizures Of the Cana
dian sealers in Behring Sea last year. The
report sets forth the facts, publicly known in
that the sealers were captured by United
States revenue cutter COrwin more than 90
miles from the nearest land, their officers
and crews carried to Sitka and tried before
Judge Dawson in the United States Court
there and fined and imprisoned and their
sealskins confscated. The report then states
the course OF diplomatic procedure, which Is
entirely new in this country, and which
shows that peremptory demand was made
by Great Britaint upon our government for
this surrender of the sealers. and that sub
sequent to that demand, and presumably In
consequence Of it, the sealers were released.
MI. Bayard, inlthe course Of his CORES
pondence with the British Minister, which
Is given in full, states that.he promptly con-
veyed the British governments request for
information to his colleague, the Attorney
General. In subsequent dispatches from
the British Minister TO the home government
MIR. Bayard Is represented as continually
urging upon the Attorney General his re-
quest for report without success. The de-
mands OF the British government appear to
nave become more urgent and perempt0ry
with the delay, and at last, without waiting
longer for information from the attorney
generals office, which had been called for
five months before, the President, on Feb. 8,
1887, ordered the unconditional release Of the
vessels seized and all concerned.
The claims for reparation still remain to
be disposed of. As to this, the privy
council say that they received no official in
formation of the release of the sealers or Eof
the condition in which the property is; that
the owners anticipate total less from the
storms which swept the Pacific coast last
winter, and that damage will be great. The
claims for damages, which are itemized,
amount to about 100000.
The Administration and the Law.
NEW YORK, Nov. ia Washington des-
patch to the Tribune says: Inquiries have
been made as to the authority of Secretary
Bayard to appoint commissioners ON behalf
Of the United States in the absence Of legis-
lation by Congress. At the State Depart
ment such inquiries appear to excite petu-
lance, and when precedents for the
appointment Of the commission are asked
for, it is suggested that the Joint High Com
mission which negotiated the Treaty Of
Westinghouse the American members Of
it-were appointed by the President without
any grant Of power by Congress. This, Of
course, means that the President in the pres
ent case has exercised his power, under Sec
tion 2 of Article III of the Constitution, to
appoint commissioners on behalf of the
United States to meet commissioners of
Great Britain for the purpose Of negotiating
a treaty to settle the dispute about the Cana
dian fisheries; and it is an admission that he
has no authority, without affirmative prece-
dent action by Congress, to appoint commits
sioners to meet foreign commissioners for
any other purpose whatsoever.
"Messrs. Angel and Putnam were appoint
ed commissioners and are so styled at the
State Department, and therefore their duties
must be, in conjunction with Messrs. Cham
berlain and Upper, to negotiate treaty.
1t is known that when Messrs. Angel and
Putnam were here they were supplied with
relating to the fishery controversy. 1t is
understood also that the United States Fish
Commission has been called on to furnish all
the data in its possession, or which 1t can
obtain, respecting the fisheries themselves
their extent, value, etc. AS to the reQuisi-
ton on the Fish Commission it might be
claimed that the information called for is
designed to assist Commissioners Angel and
Putnam sitting as American members Of a
Board of Arbitration, but that cannot be-
Beginning with the boards Of arbitration or
award provided for and authorized by the
Jay Treaty with Great Britain, in 1884, many
such boards have been authorized by treaty
provisions. Other boards and commissions
for the settlement Of claims Of an interna-
tional nature have been authorized by Con-
gress. But never in the history Of the gov
ernment has the Executive undertaken to
appoint commissioners of arbitration or
award except by authority of treaty pro-
visions or legislative enactment.
1T may be remembered that after the re-
lection of the treaty for the annexation Of
part OF Santa Domingo, project in which
President Grant felt a deep Interest, COM
missiOpers were sent from the United States
to that republic, TO investigate its resources
with view to ascertain whether the annex
alton would be desirable, ETC. But that COM
mission was authorized by JOINT resolution
of Congress.
"Among the provisions Of the treaty of
Washington was one for commission to end
the dispute in regard to the fisheries. The
commission performed its duties, and the
provision in the treaty relating to the fisher
les has been abrogated.
There is reason to believe that Secretary
Bayard had in mind the appointment of a
Joint High Commission to make new
treaty in regard to the fisheries long before
Messrs. Angel and Putnam were selected
indeed. so long ago as the Tetaliatory bill be-
came law. AT that time 1t was repeatedly
stated that the Executive did not intend to
enforce that law, which had passed a Demo-
cratic House and which was adopted by the
Senate with only a single vote in the
negative. No Democratic member of
either branch Of Congress ever de-
MED the statement; It never was
denied by the State department. 1t was the
purpose Of the Administration that the law
should remain a dead letter ON the statute
book. Before its enactment Secretary Bay
ard had appealed TO Congress for authority
to arbitrate. That appeal was denied; in
the Senate Committee on Foreign Relations,
composed of five Republicans and four DEM
ocrats, the proposition was unanimously re-
Jected. What Congress then did was not to